Best Friends Pet Care, Inc. v. Design Learned, Inc.

Opinion

BISHOP, J.

This is an appeal from the summary judgment rendered by the trial court in favor of the defendant Design Learned, Inc. (Design Learned), in an action for negligence.1 The plaintiff, Best Friends Pet Care, Inc. (Best Friends),2 raises several claims on appeal, all of which concern the applicability of a waiver of subrogation clause in a construction contract. We affirm in part and reverse in part the judgment of the trial court.

From the pleadings and materials filed in conjunction with the motion for summary judgment, the following undisputed facts emerge. Best Friends was the…